LATEST INSIGHTS

Federal Officer Jurisdiction / Louisiana / Pleadings Challenge
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Plaintiffs’ Motion for Leave to File Second Supplemental & Amended Complaint Granted

LOUISIANA – The plaintiff, Victor Michel, filed suit in Louisiana State Civil Court against 29 defendants on July 28, 2017. Specifically, the plaintiff sought damages from the defendant, Ford Motor Company, as an asbestos miner, manufacturer, seller, supplier, or distributor. In his complaint, the plaintiff alleged that between 1968 and 1969, he worked as a mechanic at Crescent Ford in New Orleans, Louisiana where he conducted routine maintenance on vehicles, including changing brakes and clutches and overhauling engines. The plaintiff also alleged employer and premises …

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Illinois / Substantial Factor
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Five Million Dollar Verdict Against Caulk and Tape Manufacturer Reversed for Lack of Evidence of Substantial Factor

ILLINOIS – The plaintiffs brought suit against more than 50 defendants alleging their decedent, Willard Krumwiede, developed and passed from mesothelioma as a result of occupational exposure to asbestos for which the defendants were liable. Specifically, the plaintiffs contended that Krumwiede was exposed to asbestos tape and caulk made by Tremco. Both products were purported to contain chrysotile fibers. According to the plaintiffs, Krumwiede used the products during his career as a window glazer where he installed panes of glass into wood and aluminum frames. …

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Bankruptcy / New York
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Plaintiffs’ Motion to Remand Granted Due to Untimely Notice of Removal by Bankrupt Defendant

NEW YORK – On Nov. 29, 2016, the plaintiffs, Anna and Guido Nocelli, both citizens of New York, filed an action in the Supreme Court of New York alleging 11 causes of action related to Anna Nocelli’s, alleged asbestos-related disease. The initial complaint named multiple defendants, including the Union Carbide Corp., that were citizens of New York. The plaintiffs allege they were legally barred from naming Kaiser Gypsum Company  as a defendant in the initial complaint because Kaiser filed for Chapter 11 bankruptcy protection in …

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Missouri
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Partial Settlement Did Not Moot Claim for Vexatious Refusal to Pay

MISSOURI – O’Reilly Auto Enterprises, LLC succeeded to the interests of Grand Auto, Inc., and O’Reilly was named as a defendant in several asbestos-related personal injury actions as a result. Industrial Indemnity had issued two insurance policies covering such claims to Grand Auto, and U.S. Fire had succeeded to Industrial Indemnity’s interests. As a result prior to 2012, U.S. Fire provided defense and indemnity to O’Reilly in the personal injury actions pursuant to the Industrial Indemnity policies.

In 2012, the insurer incorrectly determined that the …

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Pennsylvania / Personal Jurisdiction
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Pennsylvania Personal Jurisdiction Update

The past three years have seen the scope of personal jurisdiction challenges expand on a national level, and Pennsylvania is no exception. Two areas in particular in Pennsylvania, jurisdiction by consent and jurisdiction by registration, have been tackled by both the state and federal courts in the Commonwealth. There have been inconsistent rulings in the courts, and there is potential for a continued sea change in this particular area of jurisprudence based on the outcome of a currently pending appeal in the Pennsylvania Superior Court.…

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Federal Officer Jurisdiction / Louisiana / Remand/Removal
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Plaintiff Granted Remand After Shipyard’s Removal to Federal Court

LOUISIANA – The plaintiff, Denis Schexnayder, alleged that he contracted lung cancer as a result of exposure to asbestos from multiple defendants, including Avondale. The plaintiff brought suit against Avondale for its failure to warn about asbestos hazards and provide adequate safety equipment and procedures. The plaintiff alleged that he and his father performed work at the Avondale shipyard pursuant to contracts between Avondale and the United States government for the construction of vessels. These contracts included requirements that Avondale use asbestos-containing materials.

On July …

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Pennsylvania / Summary Judgment
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Defendants Win Locomotive Inspection Act Preemption Argument on Summary Judgment Motion in Pennsylvania

PENNSYLVANIA – A personal injury lawsuit was filed in the court of common pleas of Philadelphia County in April 2016 on behalf of the decedent, Diane Shields. Thereafter, it was removed to federal court. The complaint alleged common law causes of action for negligence, wrongful death and survivorship claims due to the decedent’s exposure to asbestos through her employment at the Motor Coils Manufacturing Company in Braddock, PA.

The decedent worked as a laborer at Motor Coils where she cleaned pinion gears as part of …

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Connecticut / Maritime/Admiralty Law / Summary Judgment
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Lack of Admissible Evidence Against General Electric Leads to Grant of Summary Judgment in Maritime Meso Case

CONNECTICUT – The Carlson’s brought suit against several defendants including General Electric (GE) alleging that Kurt Carlson developed mesothelioma as a result of exposure to the defendants’ asbestos-containing products while working as a radiological control technician for General Dynamics/Electric Boat Corp. from 1973-1974. The plaintiffs provided answers to interrogatories to GE. The answers did not list GE as the plaintiff’s employer or as a product to which he was exposed. The plaintiff was also deposed and did not name GE as a product to which …

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Justice.
Louisiana / Motion to Dismiss
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Public University Dismissed from Asbestos Case Under Eleventh Amendment Immunity

LOUISIANA – The United States District Court for the Eastern District of Louisiana has granted a public university’s motion to dismiss a mesothelioma case pursuant to immunity provided by the Eleventh Amendment to the United States Constitution. The plaintiff, Carey Gomez, alleged that he was exposed to asbestos from several sources throughout his lifetime, including take-home exposure from his father, who was employed at a shipyard in the 1960s, and direct exposure from his own work as a plumber from 1988 to 2011. The plaintiff …

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General
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Asbestos Case Tracker 2019 Compendium

We are pleased to provide the 2019 Asbestos Case Tracker Compendium containing all of the posts throughout the second half of 2019 to clients and friends of Goldberg Segalla.

Goldberg Segalla’s Asbestos Case Tracker is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Ranked on the 2018 ABA Journal Web 100 for top legal resources, our blog reports on legislative updates, significant verdicts, and other critical developments in the asbestos area. We provide summaries of and access to decisions, …

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